You may cross appeal, cross review, or alternatively contend a judgment of a court or tribunal
Being involved in a matter can be a complex and costly process. You should seek legal advice before cross appealing, cross reviewing or alternatively contending a judgment of a court or tribunal. You can also speak to the other party to try and resolve the issue.
The steps below provide general information and do not cover all scenarios nor constitute legal advice.
If the appellant has appealed against or sought review of a decision in a court case that you were involved in, an appeal hearing will be set.
When the hearing time is set, you will be notified by the Court. If you do not attend the hearing orders may be made finally determining the appeal (including as to costs) without further warning.
Before you begin
If you want to appeal against the same decision
If you want to appeal against the same decision you must file a Form 184 Notice of Cross Appeal or Form 185 Notice of Cross Review (at a cost) within 14 days after service of the Notice of Appeal/Review on you.
If you agree with original decision but not the grounds of the decision
You must set out different grounds that you believe support the decision.
To do this you must file a Form 187 Notice of Alternative Contention (at no cost) within 14 days after service of the Notice of Appeal/Review on you.
What you need
Either a completed (as applicable):
- Form 184S Cross Appeal Grounds,
- Form 185S Cross Review Grounds, or
- Form 187 Notice of Alternative Contention
See the Civil Court fees page for more information.
There are usually costs penalties for resisting a successful appeal/review or making an unsuccessful appeal/review.
How to lodge cross appeal/cross review
- Log in to CourtSA
- Request access to your case
- Complete and lodge the Case Access Request form
- Your request will be reviewed by Court Services. When approved a Notice of Acting will be generated and you will receive an email granting you access. After you have received this email, continue with the following steps
- Go to "My Cases"
- Find the case you wish to lodge a cross appeal/cross review against and click "View Case"
- Click "Actions" then select "Request or Add a" and "Add a Cross Appeal/Review"
- Upload Form 185S Cross Review Grounds
- Lodge the Cross Appeal/Review
What happens next
You will receive an email from CourtSA letting you know that your cross appeal, cross review or alternative contention has been received for review by the Court.
If it is accepted for filing:
Using the information you provided, CourtSA will generate either a sealed:
- Form 184 Notice of Cross Appeal and append your Form 184S Cross Appeal Grounds, or
- Form 185 Notice of Cross Review and append your Form 185S Cross Review Grounds
You will receive an email from CourtSA letting you know that your cross appeal or cross review has been accepted for filing and is available on CourtSA.
You will need to serve the Noticeofo Cross Appeal/Review on the Applicant at their address for service as soon as practicable.
The Court will list your cross appeal or cross review to be heard and send a notice of hearing to all parties.
If it is rejected:
You will receive a notification to let you know why it was rejected. Your filing fee will be refunded to the credit/debit card you used to pay.